I-485 Adjustment of Status Blocked 2026: USCIS New Memorandum vs Policy Manual Explained
USCIS released a new memorandum on adjustment of status procedures, creating confusion among applicants about how it interacts with the existing Policy Manual. The change may significantly impact who can adjust status inside the U.S.
USCIS recently issued a new memorandum addressing procedures for adjustment of status (Form I-485), prompting widespread discussion among immigration practitioners and applicants. The memorandum appears to conflict with or supplement existing guidance in the USCIS Policy Manual, raising questions about which authority takes precedence in adjudication decisions.
The core distinction between a USCIS Policy Manual update and a standalone memorandum is important: the Policy Manual is the consolidated, authoritative source of immigration policy, while memoranda are typically interim guidance documents. When a memorandum conflicts with the Policy Manual, adjudicators must navigate which document controls — a situation that can lead to inconsistent case outcomes.
For EB-3 applicants currently in the adjustment of status process or planning to file Form I-485, this development warrants close attention. If the memorandum restricts eligibility for adjustment of status — for example, by tightening requirements around lawful admission or entry — some applicants may be redirected to consular processing, meaning they would need to leave the U.S. to complete their green card application abroad.
Immigration attorneys are advising clients to review their individual eligibility for adjustment of status before filing, particularly those who entered on parole, TPS, or other temporary statuses that have historically been more vulnerable to policy shifts. Filing prematurely under evolving guidance could result in denial or delay.
Applicants should monitor official USCIS.gov announcements for any Policy Manual updates that formally incorporate the memorandum's guidance, and consult a qualified immigration attorney before taking action on pending or planned I-485 filings.
USCIS has previewed a revised Form I-485 set to roll out in September 2026. Most of the form remains unchanged, but updates to the public charge section could impact how applicants—including EB-3 filers—complete their adjustment of status application.
USCIS reported 12.1 million total pending cases while its formal backlog stood at 7 million — a 5-million gap that reveals how many cases fall outside official tracking metrics.
USCIS is extending expired Employment Authorization Documents for TPS holders from El Salvador (through Sept. 9, 2026) and Ukraine (through Oct. 19, 2026). Recipients will receive notices by mail and via myUSCIS accounts to present alongside expired EADs as proof of work authorization.